Your employee can use his or her cellphone to work-off-the-clock in violation of the Fair Labor Standards Act, send inappropriate texts to a coworker in violation of your company’s sexual harassment policy, post comments on social media criticizing your company — and even you — in a way that is protected under the National Labor Relations Act, download an email containing confidential company information to his personal account and lawfully record (unbeknownst to you) work conversations all before lunch.

Employees’ cellphones are an indispensable part of their daily lives, even their work, but most employers fail to appreciate the inherent employment risks that cellphones create. This article identifies some of the legal issues arising from the use of cellphones at work and best practices on how to address them.

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